Try our Advanced Search for more refined results
Retail & E-Commerce
-
August 07, 2024
Hong Kong Co. Scores Default Win In $10M Face Mask Suit
A New Jersey federal judge granted a Hong Kong firm a default win in its suit alleging a U.S. health company misappropriated a $10 million investment by overselling its ability to manufacture and sell face masks in the U.S. during the COVID-19 pandemic, ruling that the company has plausibly alleged its claims.
-
August 07, 2024
Ohio AG Cites Search Ruling In Google Common Carrier Suit
Ohio's attorney general pointed a state court judge Wednesday to a recent D.C. federal court decision declaring Google an illegal search monopolist, arguing the U.S. Department of Justice's win underscores why the internet giant should be banned from self-preferential treatment as a "common carrier."
-
August 07, 2024
7th Circ. Keeps 3M PFAS Pollution Suit In State Court
The Seventh Circuit on Wednesday rejected 3M's bid to send back to federal court a lawsuit brought by the state of Illinois alleging that the company polluted local waters with toxic "forever chemicals," saying a federal government contractor defense would be "wholly irrelevant" to the state's case.
-
August 07, 2024
Davis Polk, Cooley Lead $1.5B Sale Of PetIQ
Pet medication company PetIQ Inc., advised by Cooley LLP, on Wednesday announced plans to go private following its acquisition by private investment firm Bansk Group, led by Davis Polk & Wardwell LLP, in an all-cash deal valued at roughly $1.5 billion.
-
August 07, 2024
Pool Co. Can't Get Atty Fees After Losing False Ads Trial
A pool parts supplier on the hook for a $16 million false advertising and unfair business practices judgment isn't entitled to attorney fees in the case, a North Carolina federal judge has ruled, finding there's "no question" the winning party is its opponent given the eight-figure damages award.
-
August 07, 2024
2 Chainz Snared By Pot Shop Investment Scam, Suit Says
An investment company representing rapper 2 Chainz is suing a former cannabis company executive and others, alleging they scammed the rapper into investing in a dispensary without intending to pay back what was promised.
-
August 07, 2024
GrubHub Must Face Restaurants' TM Infringement Suit
Grubhub Inc. must face a proposed class action brought against it in Illinois federal court for allegedly using restaurants' trademarks without permission and listing them on its food delivery app without their consent, even though most of the lead plaintiffs have not registered the marks at issue.
-
August 06, 2024
4 Takeaways From Landmark Google Search Ruling
A landmark ruling in D.C. federal court Monday found that Google illegally maintains its search engine monopoly, and experts say the case could have broad implications for the company as well as the wider internet and shows how existing antitrust laws can apply to modern technology.
-
August 06, 2024
Louis Vuitton Slams 'Prolific' TM Infringement At Conn. Market
French luxury brand Louis Vuitton Malletier SAS is seeking statutory damages of up to $2 million per counterfeited mark from the operator of a Connecticut flea market where fake goods were repeatedly sold despite a June 2018 agreement to cease such activity, according to a federal lawsuit.
-
August 06, 2024
CPSC Makes Moves On Powers Of Recall Over Amazon
The U.S. Consumer Product Safety Commission's recent decision that Amazon is legally responsible for recalling hundreds of thousands of unsafe products sold on its site is a big step forward for the agency in its authority over online platforms that sell third-party products, although the opinion is still limited to the sorts of products at issue, attorneys say.
-
August 06, 2024
9th Circ. Kills Trustee Fee Refunds After Justices' Ruling
The Ninth Circuit on Tuesday reversed a district court decision that granted a partial refund of $600,000 in fees a tobacco distributor paid to the U.S. Trustee's Office, noting that the U.S. Supreme Court found in June that a disparity in fees paid by debtors in different jurisdictions was not to be remedied by returning overpayments.
-
August 06, 2024
Amazon Seeks Early Exit From Military Service Bias Suit
Amazon asked a Washington federal judge to end a proposed class action accusing it of demoting or terminating workers who take time off for military service, arguing that one of the plaintiffs was inadvertently fired while the other wasn't qualified for a promotion because he was "unprofessional."
-
August 06, 2024
Wind Tower Co. Asks Full Fed. Circ. To Revisit Subsidy Duties
A Federal Circuit panel wrongly concluded that a 10% depreciation rate for deducting costs related to manufacturing facilities set by Canadian law was an unfair trade subsidy that justified countervailing trade duties, a wind tower manufacturer told the court in seeking a rehearing.
-
August 06, 2024
Dem Lawmakers Back FTC's Kroger-Albertsons Challenge
A group of Democratic lawmakers is supporting the Federal Trade Commission in its suit to block Kroger's $25 billion acquisition of Albertsons, telling an Oregon federal judge in a friend-of-the-court brief that the agency's fears the deal would harm grocery workers and consumers are well-founded.
-
August 06, 2024
Subway, Chick-Fil-A Ink Deals In Mystery Shopper IP Suit
Subway and Chick-Fil-A Inc. have entered agreements with Fall Line Patents LLC to resolve the patent company's claims that they infringed its data management patent with their respective mobile apps, according to a pair of joint filings with the Eastern District of Texas.
-
August 06, 2024
Wash. Appeals Court Reverses On Gas Chain Owing State Tax
A Pacific Northwest gas station chain that issued fuel cards to customers must pay the Washington state business tax when cardholders purchase gas from other participating gas station chains as well as from nonparticipating chains, a state appeals court panel said Tuesday, reversing an earlier opinion.
-
August 06, 2024
Home Depot Hired Cops To Target Migrants, Suit Says
A union representing Latino workers sued the city of Chicago and Home Depot in Illinois federal court Tuesday, alleging that city police officers moonlighting as store security subjected migrants seeking day labor work near the home improvement store to excessive force and racist insults in violation of their civil rights.
-
August 06, 2024
Woman Drops Sex Abuse Suit Against Ex-NFL Player In Colo.
The former controller for a former NFL player's reptile shipping business has, for now, dropped her lawsuit claiming the ex-linebacker sexually abused her at work and fired her after his wife discovered the conduct, apparently accepting the court's condition that she pay the player's costs and certain attorney fees.
-
August 06, 2024
Lowe's Must Face Retail Logistics Co.'s Software IP Suit
Lowe's Home Centers LLC lost its bid to dismiss a retail logistics company's claims it ripped off a merchandise return management software and breached its contract with that software's manufacturer, with a North Carolina federal judge declining to fully toss any of the claims but flagging that some contradicted each other.
-
August 06, 2024
Funko Settles Derivative Litigation In Delaware, California
Pop culture lifestyle brand Funko Inc. has agreed to resolve derivative claims in multiple stockholder suits in California federal court and Delaware's Court of Chancery by implementing corporate governance reforms and paying up to $2.15 million to plaintiffs' attorneys, the company has announced.
-
August 06, 2024
3 Countries' Glass Wine Bottles Face Steep Dumping Duties
Chinese, Chilean and Mexican glass wine bottle producers accused of selling their products in the U.S. at unfairly low prices are staring down antidumping duties stretching up to 218.15%, according to an announcement from the U.S. Department of Commerce.
-
August 06, 2024
Trade Court OKs Reduced Penalty Duty On Chinese Ribbon
The U.S. Court of International Trade accepted the U.S. Department of Commerce's countervailing duties on Chinese ribbon, finding that the department had complied with earlier orders to fix a penalty included in the duties by lowering the rate.
-
August 05, 2024
Chamber, Others Back 9th Circ. Ax Of Shopify Privacy Row
The U.S. Chamber of Commerce and several tech trade groups are among those pushing the full Ninth Circuit to affirm the toss of a proposed class action accusing Shopify of unlawfully collecting shoppers' sensitive information, arguing that overriding the decision would unfairly allow plaintiffs to sue online businesses in any court across the country.
-
August 05, 2024
DOJ Wants Google Held Accountable For Deleted Chats
The U.S. Department of Justice has told the Virginia federal court overseeing the government's case accusing Google of monopolizing key digital advertising technology the company needs to be held accountable for implementing policies that destroyed evidence.
-
August 05, 2024
CFPB's Buy-Now, Pay-Later Policy In House GOP Crosshairs
Republican members of Congress have taken aim again at the Consumer Financial Protection Bureau's recent guidance requiring that some of the protections provided to credit card users be applied to buy-now, pay-later loans, putting forward a new measure that would overturn what the lawmakers argue is a "destructive," overreaching policy.
Expert Analysis
-
Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
-
Patent Lessons From 4 Federal Circuit Reversals In April
Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
-
Diving Deep Into Sweeping NY Financing Bill — And Its Pitfalls
A New York bill seeking to impose state usury limits onto a broader variety of financing arrangements and apply lender licensing requirements to more diverse entities would present near-insurmountable compliance challenges for lenders and retailers, say Kate Fisher and Tom Quinn at Hudson Cook.
-
Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
-
High-Hazard Retailers: Are You Ready For OSHA Inspections?
In light of a bill introduced this month in Congress to protect warehouse workers, relevant employers — including certain retailers — should remain aware of an ongoing Occupational Safety and Health Administration initiative that has increased the likelihood of inspection over the next couple of years, say Julie Vanneman and Samantha Cook at Dentons Cohen.
-
Lessons On Challenging Class Plaintiffs' Expert Testimony
In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.
-
Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
-
Del. Dispatch: Chancery's Evolving Approach To Caremark
Though Caremark claims are historically the least likely corporate claims to lead to liability, such cases have been met in recent years with increased judicial receptivity — but the Delaware Court of Chancery still expressly discourages the reflexive filing of Caremark claims following corporate mishaps, say attorneys at Fried Frank.
-
Why Employers Shouldn't Overreact To Protest Activities
Recent decisions from the First Circuit in Kinzer v. Whole Foods and the National Labor Relations Board in Home Depot hold eye-opening takeaways about which employee conduct is protected as "protest activity" and make a case for fighting knee-jerk reactions that could result in costly legal proceedings, says Frank Shuster at Constangy.
-
ITC Ruling Has Serious IP Implications For Foreign Imports
While a recent U.S. International Trade Commission decision is a win for trade secret owners who can show injury to a U.S. domestic industry, the decision also means that companies operating in foreign jurisdictions will be subject to the requirements of U.S. trade secret law, say Paul Ainsworth and Cristen Corry at Sterne Kessler.
-
Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
-
TTAB Ruling Raises Foreign-Language Mark Questions
The Trademark Trial and Appeal Board's recent decision to cancel the Veuve Olivier registration due to its similarity to Veuve Clicquot brings new focus to the treatment of foreign terms and the doctrine of foreign equivalents, say attorneys at Finnegan.
-
Best Practices To Accommodate Workplace Service Animals
Excerpt from Practical Guidance
Since the U.S. Equal Employment Opportunity Commission recently pledged to enforce accommodations for people with intellectual, developmental and mental health-related disabilities, companies should use an interactive process to properly respond when employees ask about bringing service animals into the workplace, say Samuel Lillard and Jantzen Mace at Ogletree.
-
A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
-
Opinion
State-Regulated Cannabis Can Thrive Without Section 280E
Marijauna's reclassification as a Schedule III-controlled substance comes at a critical juncture, as removing marijuana from being subjected to Section 280E of the Internal Revenue Code is the only path forward for the state-regulated cannabis industry to survive and thrive, say Andrew Kline at Perkins Coie and Sammy Markland at FTI Consulting.